Legal migration to the European Union / by Anja Wiesbrock.
2010
KJE5170 .W445 2010 (Map It)
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Details
Author
Title
Legal migration to the European Union / by Anja Wiesbrock.
Published
Leiden ; Boston : Martinus Nijhoff Publishers, 2010.
Call Number
KJE5170 .W445 2010
ISBN
9789004184077 (hardback : alk. paper)
9004184074 (hardback : alk. paper)
9004184074 (hardback : alk. paper)
Language Note
In English; summaries in Dutch and German.
Description
xviii, 809 pages : illustrations ; 25 cm.
System Control No.
(OCoLC)610020098
Bibliography, etc. Note
Includes bibliographical references (pages [767]-805) and index.
Record Appears in
Table of Contents
List of Abbreviations
xiii
Acknowledgments
xvii
Introduction
1
ch. 1
Migration to Europe and Five EU Member States: Historical and Political Overview
19
1.1.
Migration to Europe Since 1945
19
1.2.
Denmark
26
1.3.
Germany
35
1.4.
The Netherlands
46
1.5.
Sweden
61
1.6.
The United Kingdom
77
ch. 2
The Community Acquis on Legal Migration of Third-Country Nationals
93
2.1.
Third-Country National Family Members of EU Citizens Who Have Made Use of Their Free Movement Rights: Directive 2004/38/EC
94
2.1.1.
The right to enter and reside in the territory of a Member State
96
2.1.2.
The right of permanent residence in the territory of a Member State
99
2.1.3.
The right to work and the right to equal treatment with nationals of the host Member State
100
2.1.4.
Public policy, security and health restrictions
104
2.1.5.
ECJ Case law on the free movement of third-country national spouses of Union citizens
106
2.2.
Family Members of Union Citizens who have not Made Use of Their Free Movement Rights
112
2.3.
Special Rules Under Association and Partnership Agreements
115
2.3.1.
The EEA and Switzerland
116
2.3.2.
The EEC-Turkey Association Agreement
119
2.3.3.
Partnership and Cooperation Agreements with Russia and other ex-Soviet states
127
2.3.4.
The Euro-Mediterranean Association Agreements
128
2.3.5.
The ACP states and Latin American countries
130
2.3.6.
Stabilization and Association Agreements with the Balkan states
131
2.4.
Non-privileged Third-Country Nationals: The Development of a Common EU Immigration Policy
132
2.4.1.
From the Single European Act via Amsterdam, Tampere and The Hague to the Lisbon Treaty
132
2.4.1.1.
Immigration and Asylum under the Single European Act and the Treaty of Maastricht
132
2.4.1.2.
The area of Justice and Home Affairs in the Treaty of Amsterdam
134
2.4.1.3.
The Tampere agenda and the Hague programme
137
2.4.1.4.
The area of freedom, security and justice under the Constitutional Treaty and the Treaty of Lisbon
139
2.4.1.4.
The Stockholm programme
144
2.4.2.
The sensitive issue of labour migration
146
2.4.3.
The co-ordination of integration measures at the EU level
151
2.4.4.
The external dimension of EU Migration Policies
153
ch. 3
Migration and Integration in the Context of EU Principles of Law and International Law
163
3.1.
The Charter of Fundamental Rights
163
3.2.
EU Fundamental Rights and General Principles of Law
169
3.2.1.
The rights to non-discrimination and equal treatment
172
3.2.1.1.
Material and personal scope of the two non-discrimination Directives
174
3.2.1.2.
Prohibited forms of discrimination
177
3.2.1.3.
Possible exceptions and justifications
179
3.2.1.4.
The potential scope for effective remedies
181
3.2.1.5.
Non-discrimination as a fundamental principle of Community law: Mangold and beyond
184
3.2.2.
The principles of legal certainty and legitimate expectations
189
3.2.3.
The principle of proportionality
193
3.2.4.
The principle of subsidiarity
198
3.3.
International human rights treaties as a source of EU fundamental rights
208
3.3.1.
The European Convention on Human Rights and the jurisprudence of the European Court of Human Rights
209
3.3.1.1.
Article 8 ECHR
210
3.3.1.2.
Article 9 ECHR
224
3.3.1.3.
Article 14 ECHR
226
3.3.1.4.
Protocol 12 to the European Convention on Human Rights
229
3.3.2.
Other Council of Europe Instruments
230
3.3.2.1.
The European Convention on Social and Medical Assistance
230
3.3.2.2.
The European Convention on Establishment
231
3.3.2.4.
The European Social Charter
233
3.3.2.5.
The European Convention on Social Security
234
3.3.2.6.
The European Convention on the legal status of migrant workers
234
3.3.2.7.
The European Convention on Nationality
236
3.3.3.
United Nations Instruments
237
3.3.3.1.
The UN Convention on Refugees
238
3.3.3.2.
The UN Convention on the Elimination of All Forms of Racial Discrimination
239
3.3.3.3.
The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights
239
3.3.3.4.
The Convention against Torture
241
3.3.3.5.
The Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women
241
3.3.3.6.
The UN Convention on Migrant Workers
243
3.3.3.7.
International Labour Organisation (ILO) Conventions No. 97 and No. 143
247
ch. 4
The Directives on Legal Migration of Third-Country Nationals
253
4.1.
Directive 2003/86/EC on the right to family reunification
253
4.2.
Directive 2003/109/EC on the status of long-term residents
268
4.3.
Directive 2004/114/EC on the conditions of admission of students, pupils, unremunerated trainees and volunteers
275
4.4.
Directive 2005/71/EC on a Specific Procedure for admitting third-country national researchers
278
4.5.
Directive 2009/50/EC on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment
284
4.6.
Draft directive on a single permit and a common set of rights
297
ch. 5
The Implementation of Four Directives on Legal Migration of Third-Country Nationals
303
5.1.
Directive 2003/86/EC on the right to family reunification
304
5.1.1.
Definition of family members eligible for reunification
304
5.1.2.
Requirements for family reunification
321
5.1.3.
Residence and working rights of family members
342
5.1.4.
Grounds for rejection, refusal and withdrawal
350
5.1.5.
Autonomous residence permits
358
5.1.6.
The implementation of Directive 2003/86/EC: concluding remarks
363
5.2.
Directive 2003/109/EC on the status of long-term residents
371
5.2.1.
Conditions for obtaining long-term residence status
371
5.2.2.
The right to long-term residence status and procedural provisions
388
5.2.3.
Rights attached to the status: equal treatment
393
5.2.4.
Rights attached to the status: free movement
397
5.2.5.
Withdrawal or loss of the status
403
5.2.6.
Protection against expulsion
406
5.2.7.
The implementation of Directive 2003/109/EC: concluding remarks
415
5.3.
Directive 2004/114/EC on the conditions of admission of students, pupils, unremunerated trainees and volunteers
420
5.3.1.
Admission requirements for students
421
5.3.2.
Admission requirements for other categories of applicants
430
5.3.3.
Residence and movement rights
435
5.3.4.
Working rights of third-country national students
439
5.3.5.
Grounds for refusal and withdrawal
440
5.3.6.
Procedure and Application Fees
443
5.3.7.
Residence rights after graduation
445
5.3.8.
The implementation of Directive 2004/114/EC: concluding remarks
446
5.4.
Directive 2005/71/EC on a specific procedure for admitting third-country national researchers
450
5.4.1.
Admission requirements for researchers
450
5.4.2.
Residence and Working Rights
460
5.4.3.
Grounds for refusal and withdrawal
467
5.4.4.
The implementation of Directive 2005/71/EC: concluding remarks
471
5.5.
An evaluation of the four directives on legal migration
474
5.5.1.
Directive 2003/86/EC
474
5.5.2.
Directive 2003/109/EC
482
5.5.3.
Directive 2004/114/EC
487
5.5.4.
Directive 2005/71/EC
492
ch. 6
Corresponding Provisions on Legal Migration in Member States with an Opt-Out
497
6.1.
Family reunification
498
6.1.1.
Definition of family members eligible for reunification
498
6.1.2.
Requirements for family reunification
502
6.1.3.
Conditions for entry and residence of family members
507
6.1.4.
Grounds for rejection, refusal and withdrawal
510
6.1.5.
Autonomous residence permits
513
6.2.
Permanent residence status
516
6.2.1.
Conditions for obtaining a permanent residence status
516
6.2.2.
Procedure for obtaining the status
520
6.2.3.
Rights attached to the status: equal treatment
521
6.2.4.
Rights attached to the status: free movement
522
6.2.5.
Withdrawal or loss of the status
523
6.2.6.
Protection against expulsion
524
6.3.
Students and researchers
528
6.3.1.
Admission requirements for students and trainees
528
6.3.2.
Residence and working rights for students
531
6.3.3.
Procedure and application fees for students
532
6.3.4.
Residence rights after graduation
532
6.3.5.
Researchers
532
ch. 7
Measures on Labour Migration and National Legislation
535
7.1.
The draft directive for a single permit and a common set of rights
535
7.1.1.
Application procedure and (single) permit to work and reside
537
7.1.2.
Rights granted to single-permit holders
550
7.1.3.
The draft Directive on a single permit and a common set of rights: concluding remarks
559
7.2.
Directive 2009/50/EC on highly skilled migrants
561
7.2.1.
Personal scope and criteria for admission
561
7.2.2.
Application procedure
584
7.2.3.
The right to work and to reside
588
7.2.4.
Family reunification rights
593
7.2.5.
Grounds for refusal, withdrawal or non-renewal
596
7.2.6.
Directive 2009/50/EC on highly skilled migrants: concluding remarks
600
ch. 8
Integration Measures
605
8.1.
Integration requirements before entry (Integration abroad')
606
8.1.1.
Integration tests abroad
606
8.1.2.
Immigration rules that bear a link to integration
609
8.2.
Integration courses and tests for residents
610
8.2.1.
Legal basis, objectives and scope of application
610
8.2.2.
Responsible authorities
616
8.2.3.
Integration commitments/ contracts and supervision of the integration process
620
8.2.4.
Fees and income support during the integration period
623
8.2.5.
Language courses
629
8.2.6.
Civic orientation courses
634
8.2.7.
Labour-market oriented measures
637
8.2.8.
Integration tests
640
8.2.9.
Sanctions
643
8.3.
Integration requirements for citizenship
646
8.3.1.
Acquisition of citizenship by birth or by declaration of option
647
8.3.2.
Naturalisation and Citizenship Tests
652
8.3.3.
Dual citizenship
664
8.4.
A Comparison of integration measures in Germany, The Netherlands, Sweden, Denmark and the United Kingdom
667
8.5.
Assessing integration policies
675
ch. 9
EU and National Migration and Integration Law Under Legal Scrutiny
689
9.1.
The right to family life and family reunification
689
9.2.
Employment-related rights
700
9.3.
Protection from expulsion
704
9.4.
Rights related to the integration of immigrants
707
9.5.
The principle of non-discrimination
709
ch. 10
Conclusions and Policy Recommendations
717
Epilogue
737
Samenvatting/Zusamenfassung
741
Bibliography
767
Case Law
767
Case law of the European Court of Justice
767
Case law of the CFI
770
Case law of the European Court of Human Rights
771
Case law of national courts
772
Denmark
772
Germany
772
Netherlands
773
Sweden
774
United Kingdom
774
Books, Academic Articles and Reports
774
Newspaper Articles
801
Official Documents
802
Directives and Regulations
802
Commission proposals
803
Commission Communications and other Commission documents
803
European Council and Council of the European Union documents
804
European Parliament documents
805
Committee of the Regions and Economic and Social Committee documents
805
Index
807